thorough good won that case and we got brown. in that case, the court recognized that the flagship institution in the university of texas was superior to the alternative. that was an important marker and in the cases that followed, including the case which was a challenge to affirmative action out of university of california, the court said diversity could be a plus factor, race could be a plus factor but -- that's how it evolved until we got to the university of michigan cases in the early 2000s. >> i want to go back on the texas thing for a bit. it's lbj who initially makes this claim for affirmatively furthering fairness. it's insufficient to say you're now equal. he has this language about taking off the shackles and go run, you have affirmatively further it. >> i think that's exactly right. the we is what does equality require? it grew out of our history which imposed specific burdens on members of our society. slavery, racism, jim crowe. they will had impacts. lbj in the '60s is saying how do we move forward? you can't let